A federal district court judge initially appeared “skeptical” of the Trump administration’s legal authority to take control of the Washington, D.C. Metropolitan Police Department (MPD) in a hearing Friday afternoon, which she called just hours after the District of Columbia sued the Trump administration to stop the move.
But just before a break in the hearing, U.S. District Court Judge Ana Reyes, a Biden appointee, made clear her goals.
“I want to get to a practical solution because time is short and … there are people who need to know who they are taking direction from and what they are doing,” Reyes said, as CNN reported.
The District called the Trump administration’s order requiring an emergency head of the D.C. Police a “baseless power grab,” according to Politico.
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“We are suing to block the federal government takeover of DC police,” D.C. Attorney General Brian Schwalb wrote on social media on Friday morning, calling the administration’s actions “brazenly unlawful.”
“By illegally declaring a takeover of MPD, the Administration is abusing its temporary, limited authority under the law. This is the gravest threat to Home Rule DC has ever faced, and we are fighting to stop it.”
Attorney General Pam Bondi on Thursday issued an order that “sought to have DEA Administrator Terrance Cole take over the DC police and void certain DC laws regarding immigration enforcement,” CNN reported.
Judge Reyes challenged the Trump Department of Justice’s interpretation of the Home Rule Act, which grants Congress some control over the District of Columbia.
“The statute would have no meaning at all if the president could just say we’re taking over your police department,” Judge Reyes said in court, as Politico’s Kyle Cheney reported.
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Reyes also appeared skeptical that Attorney General Pam Bondi could appoint the head of the DEA, Terrance Cole, as the head of the Metropolitan Police Force.
“I still do not understand on what basis the president, through the attorney general, through Mr. Cole, can say, ‘You police department can’t do anything unless I say you can.’ That cannot be the reading of the statute,” Reyes said, according to Cheney.
In an important concession, the attorney for the Department of Justice admitted that, despite President Donald Trump’s rhetoric, the law only allows for 30-day “emergency” powers control of D.C., unless Congress approves an extension:
“Government attorney acknowledges to Judge Reyes that if Congress does not approve extension beyond 30 days, there’s NO AUTHORITY for the president to extend emergency power re Metropolitan Police beyond the 30 days,” Professor of Law Ryan Goodman noted from the court proceedings.
But at the break, CNN legal analyst Elie Honig said the D.C. “lawsuit looks like a serious uphill climb for the DC Attorney General,” because “the law – Section 740 – says the mayor shall provide such services of the Metro PD as the President may deem necessary and appropriate.”
“That is very broad language,” Honig said, as CNN reported. “And what DC is trying to argue is, well, ‘provide such services’ does not mean take over our personnel.’”
It’s unclear if Reyes will return Friday with a resolution.
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